Honolulu Prosecuting Attorney’s Long-Arm Statute Bill Became Law

Another 2012 Honolulu Prosecuting Attorney Legislative Package bill became law. House Bill 1777, House Draft 1, Senate Draft 1 was signed by Governor Neil Abercrombie as Act 325, on 7/10/2012 (Gov. Msg. No. 1442). This law adds a new chapter to the Hawaii Revised Statutes allowing judges to order the production of records by persons or entities located outside of the State in all criminal cases.

In support of our law, the legislature found that many businesses, associations, and organizations providing goods and services to the residents of the State, conducting other activities in the State, or otherwise affecting the residents of Hawaii, now operate nationally or globally, and many maintain their business records in a location outside the State. The legislature further agreed that such records may provide significant evidence in criminal investigations or litigation taking place in the State. Crime results in direct and significant harm and losses to citizens, businesses, associations, and other organizations victimized, and indirectly affects the community at large when those entities must raise prices to cover losses in response. In order to effectively investigate and litigate these crimes, Hawaii law enforcement agencies, prosecutors, and criminal defense attorneys must be able to obtain records relevant to all crimes occurring here, and must be able to use these records in court.  Thus, Hawaii courts must have the ability to order the production of records by all who possess records relevant to a criminal investigation or litigation taking place here, whether such records are kept in-state or out-of-state.